Authorizing Others to Claim Computer-Based Lottery Prizes in Vietnam

How long is the prize-claiming period for computer-based lottery? May one authorize another person to claim the prize?

1. Rules of participation

Article 6 of Circular 36/2019/TT-BTC provides the rules of participation as follows:

“1. The computer-based lottery company is responsible for developing the Rules of participation for each computer-based numbers lottery product. The Rules of participation must contain the following principal contents:

a) Product name;

b) Name of the issuing company;

c) Participants and eligibility conditions;

d) Method of participation;

đ) Value per participation;

e) Method of determining prize results;

g) Number of prizes and prize structure;

h) Product distribution method;

i) Prize draw schedule;

k) Prize-claiming conditions for winning computer-based numbers lottery tickets;

l) Responsibilities and rights of participants;

m) Responsibilities and powers of the computer-based lottery company;

n) Recommendations for participants to control their level of participation.

2. After obtaining the written approval of the Ministry of Finance under Article 34 of this Circular, the computer-based lottery company must publicly announce the Rules of participation before issuing the product.

3. The public announcement of the Rules of participation is carried out by posting at the head office, branches and offices and stores (if any) of the computer-based lottery company, computer-based numbers lottery agents, on the electronic information page of the computer-based lottery company, distributing leaflets to agents and participants or via other mass media as prescribed by law.”

2. What is the prize structure?

Article 7 of Circular 36/2019/TT-BTC provides the planned prize payout ratio and prize structure as follows:

– The planned prize payout ratio for each product is developed by the computer-based lottery company but must not exceed 60% of the total value of computer-based numbers lottery tickets planned for issuance.

– The computer-based lottery company is responsible for developing the planned prize payout ratio, number of prizes and prize structure appropriate to each computer-based numbers lottery product and submitting them to the Ministry of Finance for consideration and approval of the computer-based numbers lottery product under Article 34 and the Rules of participation under Article 6 of this Circular.

In which, Article 34 of Circular 36/2019/TT-BTC provides:

“1. Each computer-based numbers lottery product planned for issuance must be approved by the Ministry of Finance. The contents of each computer-based numbers lottery product include:

a) Draft Rules of participation under the contents prescribed in Article 6 of this Circular;

b) Planned prize payout ratio under Article 7 of this Circular;

c) Prize payment method under Article 8 of this Circular;

d) Product distribution method under Article 9 of this Circular;

đ) Planned issuance area under Article 10 of this Circular;

e) Planned issuance time under Article 11 of this Circular.

2. The computer-based lottery company develops the list of computer-based numbers lottery products planned for issuance and the contents of each computer-based numbers lottery product under Clause 1 of this Article, and reports to the Ministry of Finance for approval of the computer-based numbers lottery products planned for issuance.

3. The Ministry of Finance issues written approval for each computer-based numbers lottery product permitted for issuance, including the following basic contents:

a) Name of the computer-based numbers lottery product;

b) Product distribution method;

c) Prize payment method;

d) Issuance area;

đ) Issuance time;

e) Prize draw schedule.”

3. How long is the prize-claiming period for computer-based lottery?

Under Clause 1 of Article 29 of Circular 36/2019/TT-BTC:

– The prize-claiming period for winning tickets is sixty (60) days from the date the prize result is determined or from the expiry date of circulation of the computer-based numbers lottery ticket. Beyond the prescribed period, winning tickets are no longer valid for prize claims;

– Prize payment is made at the head office, branches, stores (if any) of the computer-based lottery company and authorized computer-based numbers lottery agents;

– The time for the computer-based lottery company to pay winning tickets to winners is no later than five (05) working days from the date of receiving the customer’s prize claim request;

– For cases involving disputes or complaints, the payment time is extended until there is an official conclusion of a competent state authority.

Accordingly, within 60 days bring the winning ticket to the head office, branches or stores of the computer-based lottery company and authorized computer-based numbers lottery agents.

4. May one authorize another to claim computer-based lottery prizes?

Under Clause 4 of Article 29 of Circular 36/2019/TT-BTC (the specialized document regulating computer-based numbers lottery business) provides:

A winning customer who, due to objective reasons (illness, sickness, distant business trips, etc.), cannot personally claim the prize may authorize their lawful representative to claim the prize. The prize-claiming authorization must be made in writing and certified by the ward or commune authority of the winner’s place of residence.

Accordingly, if due to objective reasons, the computer-based lottery winner may authorize another person to claim the prize in writing, certified by the authority of the winner’s place of residence.